letter i will send to DCA

[rambot]

Please can anyone advise if it looks ok.

 

This loan was subject to numerous charges, and additional penalty interest, which I would like to challenge. Also I would like to challenge the mis-selling of payment protection insurance which, when I tried to make a claim due to redundancy, suddenly became invalid.

I wish to inform you that I believe the original debt contained unlawful charges, and I wish to seek redress over the faulty payment insurance.

 

In order for me to challenge the debt I sent a statutory request for documents as per the Consumer Credit Act to the AKTIV KAPITAL (UK) Ltd.

 

I also sent a SUBJECT ACCESS REQUEST UNDER THE DATA PROTECTION ACT at the same time to the original creditors.

 

I wrote to you on 21st June 2006 via recorded signed for delivery,

Requesting a true copy of the signed agreement under the terms of the sections. 77(1) and 78(1) of the CCA 1974, I also enclosed the statutory maximum fee of £1.00 in the form of a postal order.

 

The letter was received by yourselves, A response letter was sent to me acknowledging the receipt of this request I had made and you informed me you would investigate further.

 

I have not been provided with a signed agreement under the consumer credit act, I have not been provided with a statement of account, and I have not been provided with a true copy of the deed of assignment, despite my properly formatted and paid for request.

 

You have repeatedly informed me that you will be trying to obtain the information.

 

After 12 working days AKTIV KAPITAL became "in default", and cannot seek to enforce the debt whilst that status remains. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

After 30 calendar days AKTIV KAPITAL have committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued. This will result in a report being submitted to the relevant statutory authorities. If you persist with trying to collect this debt I will raise this with Trading Standards, and the FSA.

 

Should you still decide it is worth pursuing the matter through the court, you will first have to explain to a Judge why you failed to provide the documents within the CCA time limit - and seek permission to proceed with the action,

I will also make a counter claim for northern upholstery to comply with the Data Protection Act, compensation for mis-sold payment insurance, and an estimated refund of charges and penalty interest.

 

Of course....if you do come back to me with all the relevant evidence, and show me exactly how you have calculated it, and deduct all the amounts that were unlawful and the money that should have been paid through the insurance, then I will happily agree to pay you what I owe. Of course it will be at a monthly amount that I can afford

 

I do not acknowledge any debt to AKTIV KAPITAL (UK) Ltd.

I will no longer be making payments against this "debt" as it is unenforceable.

Therefore, I am under no legal obligation to pay you.

[nathal]

second part about making payments:

 

Of course....if you do come back to me with all the relevant evidence, and show me exactly how you have calculated it, and deduct all the amounts that were unlawful and the money that should have been paid through the insurance, then I will happily agree to pay you what I owe. Of course it will be at a monthly amount that I can afford

 

 

i would advise leaving that out

[nathal]

 

 

If the trader fails to comply with a request from a customer or surety within one

month from the end of the 12 days, he commits an offence. Until he does comply

with the request, he is not entitled to enforce the agreement.

The trader need not comply with a customer’s request if he has complied with

a similar request, relating to the same agreement, made less than one month

previously, or if the customer does not or will not owe anything under the

agreement, for example, because all instalments have been paid.

Copies of certain documents (for example, Acts of Parliament and government

publications), although referred to in an agreement, need not be supplied.